The Analysis Of The Legal Effect Of Payinging The Debt By A Thing

The amount of the received case of paying the debt by a thing increased in the court day by day. There are vivid argument whether the paying the debt by a thing have the law rights between the practice and the practical. If the authority announced the legal effect of paying the debt by a thing,it will become false litigation or worse. it will lead to the result that someone may use the loophole to make false litigation,harm the benefits of others,and gain the improper benefits. Or without false litigation, paying the debts in a thing would affect the benefits of other creditors or simply not pay off. If we deny the legal effect by a thing, it may lead us to the question that it will obey the freedom of contract and the attribute of the civil law. No complete theory of whether paying the debt by a thing has the legal effect, the law also does not have a uniform provision about it.That leads to confusions when handling the disputes of paying the debt by a thing in judicial practice.Except the introduction and the conclusion, this article can be divided into four partsPart 1 introduced the case and give the argument point of the case. This part introduce the detail of the case and the court trail.Through the analysis of the case, we can get three argument points:Fistly,whether the contract of paying the debt by a thing is a fluidity contract. Second,the commodity building sells in a low price as a debt, whether the two company, dingfeng and the xian use paying the debt by a thing as a false litigation.The third,whether paying the debt by a thing between the two company have legal effect.Part 2 is related to the legal analysis. Firstly, based on the definition and the type of paying the debt by a thing, and what is the form of the “thing” and the “debt”, People have a general acquaintance. And then we can study the property of paying the debt by a thing by the difference among Fluidity Contract,Security of alienation and Change of the Debt. What is more, we analysis the different idea of whether the paying debt by a thing have the legal effects. Different professors have different points.Last,based on the principle of civil law 、the guiden case of the Supreme People`s Court、the win-win conclusion of the two company, and the influence of paying the debt by a thing can be decrease even vanish, we can get the legal effect of paying the debt by a thing.Part 3 is the conclusion of this paper. Firstly, the contract of paying the debt by a thing between the two company is not a fluidity contract. Second, the commodity building sells in a low price as a debt, the two company,Dingfeng Company and Xian Company use paying the debt by a thing is not a false litigation. The third,paying the debt by a thing between the two company have legal effect.Part 4 is the suggestion of improving paying the debt by a thing.In this section, advice will be given from the following five aspect.Firstly, to examine the authenticity of paying the debt by a thing. Secondly, to establish the converting system for paying the debt by a thing. Thirdly, to add the process of investigating the thing paying the debt.Fourthly, to set up the sophisticated system for relief afterwards.Fifthly, to improve the legislation of paying the debt by a thing.